By Natalia Urzola Gutiérrez & Eman Khatri, IANGEL Interns
It is deeply concerning to see the COVID-19 pandemic further harm women and girls experiencing domestic violence. With new laws requiring residents to stay at home, there is less space for domestic violence survivors to escape everyday dangers.
The legal framework in Iraq regarding domestic violence is in a weak state, an aspect that has contributed to a precarious situation regarding gender-based violence cases. Even prior to the current COVID-19 lockdown, cases of domestic violence were an issue in Iraq. The current health crisis has contributed to a significant rise in suicide cases. Additionally, religious and cultural norms still have a strong influence on the way domestic violence is addressed in Iraq. Existing criminal laws are evidently biased against women, and victim blaming is a recurrent practice. Furthermore, honor killings and child marriages, although not entirely accepted, continue to take place. These cases are rarely prosecuted, and perpetrators usually face reduced sentences. This weakens the actions taken by civil society organizations, who have to work within a legal framework that does not provide the necessary means to adequately punish this behavior. The lack of political will in Iraq has impeded the government from sufficiently complying with its international obligations such as adapting its laws to the provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The United Nations Resolution S/RES/1325, which despite providing some protection for women, has proven to be insufficient, especially in places such as Iraq.
The United States and Iraq have differences and similarities when analyzed side by side. Domestic violence laws in the United States are more substantive in comparison. Similar to Iraq, shelter-in-place orders issued throughout the country enable domestic violence victims to be trapped in their homes with their abusers in an environment of increased anxiety and uncertainty. This situation makes it particularly hard for victims to access resources or report their abusers, which has been observed by late-night calls to hotlines and help groups. Despite a fairly strong domestic violence legal framework in the U.S., adequate handling of cases largely depends on where the victim lives and their socio-economic status. This is often worsened by the structural and institutionalized racism present in modern America.
Similar to Iraq, victim blaming is a persisting cultural practice in the United States, which hinders the adequate prosecution of domestic violence cases. It is perpetrated by both the family of the victim as well as the judicial system. This may come as a result of the underlying structural issues that derive from a patriarchal understanding of the gender roles, as well as the influence of religion. It is important to understand that domestic violence does not occur in a vacuum; rather it is part of a complex system of inequalities and cultural biases against women, in a society that dehumanizes and devalues women.
Understanding how these issues impact our communities is only the beginning of this fight against domestic violence. The key to addressing GBV in the United States and Iraq is to enforce legislation and shift societal norms. That means advocating for policies and writing to legislators with specific examples of how the systems that are currently in place fail survivors. Some issues with current legislation are listed below.
- The ability to purchase of guns despite history of domestic violence crimes
- Survivors and social workers are turned away by judges
- Hard to provide viable “evidence” in rape crimes
- Invalidating illegal child marriages, holding wedding officiants accountable
- Lack of financial support for women in vulnerable situations
We can also work to dismantle the stigmas that reinforce GBV by addressing root causes and teaching culturally and religiously sensitive sex education, building a supportive environment for family members, and listening to survivors.
The Authors of this were heavily informed by She Revolution, an Iraqi feminist group, and the Iraqi Civil Society Solidarity Initiative. You can donate to the Iraqi Civil Society Solidarity Initiative here.
